Can a Case Be Dismissed if the Police Made a Mistake?

If you get arrested, you may panic and immediately think of the worst-case scenario. However, it is important to remember that not every arrest leads to criminal charges or a conviction. Police officers play a crucial role in investigating crimes, collecting evidence, and conducting arrests. However, they do not always do things by the book. Mistakes can happen anytime and often occur during investigations, arrests, interrogations, and other steps of the legal process. Depending on the situation, a case could be dismissed if the police made a mistake. To learn more and secure skilled representation during your case, reach out to a Bergen County criminal defense attorney today.

Can a Case Be Dismissed if the Police Made a Mistake?

Yes, it is possible for a criminal case to be dismissed if the police made a mistake. Laws were put in place to protect American citizens from unfair treatment and ensure that every individual’s rights are protected. Police procedures were designed to uphold these laws, but if an officer strays from regulatory standards, it could infringe upon the suspect’s rights.

Even if there is ample evidence of an individual’s guilt, their rights must still be protected, and proper procedures must be followed. If a mistake is made that violates the individual’s rights or is in flagrant violation of the law, it could result in the case being dismissed altogether.

Although it is possible for a mistake to result in the case being thrown out, it is important to keep in mind that not every error will lead to a dismissal. It depends on the circumstances of the situation and the type of mistake that was made.

What Mistakes Could Lead to a Dismissal?

Below are some serious mistakes that could result in the judge dismissing the case.

• The arrest was conducted without sufficient probable cause
• The officer failed to read the defendant their Miranda rights before beginning an interrogation
• The officer violated the defendant’s Constitutional rights, like conducting an illegal search and seizure, refusing to grant certain rights of due process, and interrogating the individual without their lawyer present after they have requested one
• Evidence was obtained unlawfully and is therefore inadmissible in court
• There were chain of custody errors when handling physical evidence that could affect the integrity of the evidence
• The police report includes fabricated evidence, inconsistent witness statements, or other forms of misconduct

These mistakes and others are serious enough that a judge may decide to dismiss the case altogether. However, harmless errors may not significantly affect the outcome of the case. Spelling mistakes, minor inaccuracies, or procedural errors that are corrected quickly and before trial are not likely to result in a dismissal.

If you believe the police made a major mistake when dealing with your arrest, it is crucial that you seek legal counsel. Reach out to an experienced attorney today.